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Glossary - A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

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DEDICATION

The setting aside of certain land by the owner and declaring it to be for some public use, accompanied by the acceptance of such use by the public.  Example:  Streets, sidewalks, parks.

DEED

An instrument, of various forms, by which title to real estate is conveyed from one party to another.

DEED BOOK

A book among the public records in which deeds are recorded.

DEED RESTRICTION

A restriction contained in a deed which limits the use or occupancy of the real estate or the type, size, purpose and location of improvements to be constructed on it.

DEFAULT

Failure to perform a promised task or to pay an obligation when due.

DEFEASANCE

Making void all rights under a contract or deed.  The term has developed from an old French word meaning defeat or destroy.

DEFECT

A blemish, imperfection or deficiency.  A defective title is one that is irregular and faulty.

DEFICIENCY JUDGMENT

When property at a mortgage foreclosure sale does not bring enough money to pay the mortgage debt plus costs of foreclosure, the court will enter a deficiency judgment against the mortgage debtor for the difference between the sale price and the mortgage debt plus costs.

DEMISE

(1) Death.  (2) To transfer title to property or an interest in property by will or lease.

DEPOSIT AGREEMENT

Sometimes called "Deposit Receipt."  An agreement, used in some areas, prepared by real estate agents and signed by purchaser and seller acknowledging that a sale has been agreed to and that, in order to bind the deal, a certain amount of good faith money has been deposited by the purchaser with the agent or a title company.  Such agreements are often as comprehensive, with respect to terms of sale, as regular real estate sales agreements.

DEPRECIATION

Loss in value occasioned by ordinary wear and tear; destructive action of the elements; or functional or economic obsolescence.

DEVISE

A gift of real estate made by a will.

DEVISEE

One who is given real estate under a will.

DISPOSSESS

To deprive one of the possession and use of real estate.

DOMINANT ESTATE

The property for the benefit of which a right-of-way easement exists across another's adjoining piece of land is said to be the dominant estate.  The land across which the easement runs is said to be the servient estate.

DOWER

A right which a wife has in her husband's property effective at the time of his death.

DRAW

A partial advance of the proceeds of a construction loan mortgage, to which the borrower is entitled when construction reaches a certain specified stage.

DRESSER DRAWER TITLE

When an owner neglects to record his deeds and other real estate papers and places them instead in dresser drawers, or in a show box in a closet, or under the mattress, and there is nothing of record which shows any title in the supposed owner, his title is often referred to as a Dresser Drawer Title.